IN THE CASE OF:	

		BOARD DATE:	  1 July 2010

		DOCKET NUMBER:  AR20100000055 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart (PH), Combat Infantryman Badge (CIB), Bronze Star Medal (BSM), Expert Marksmanship Qualification Badge with M-16 Rifle Bar, and completion of the Jungle Operations Course.

2.  The applicant states, in effect, that his records are incomplete by not showing his military history, specifically, his awards, badges and training.  He adds that he served in multiple units on various dates. 

3.  The applicant provides the following:

* General Orders (GO) Number 207, dated 16 June 1968, award of the PH
* Special Orders (SO) Number 72, dated 24 July 1968, award of the CIB 
* SO Number 213, dated 7 August 1968, award of the CIB
* GO Number 623, dated 20 February 1969, award of the BSM
* A U.S. Army School of the Americas (USARSA) Form 48-A, dated 
   2 February 1968, for completion of the Jungle Operations Course
* A copy of his DD Form 214

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show he initially enlisted in the Regular Army for a period of 3 years on 31 January 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 93B (Air Traffic Control).  On 21 June 1967, he was released from active duty (REFRAD) with an honorable characterization to accept a U.S. Army commission.  He entered active duty as a second lieutenant on the 22 June 1967 as a 1542 Infantry Unit Commander.  He was REFRAD with an honorable characterization of service on 29 June 1969 and transferred to the U.S. Army Reserve Control Group (Annual) in the rank/grade of first lieutenant.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 29 June 1969 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Two overseas service bars

4.  Item 17 (Foreign Service) and Item 18 (Record of Assignments) of the applicant's DA Form 66 (Officer Qualification Record) show he served in the RVN during the period 20 February 1968 through 25 June 1969.  He was attached to Company C, 52nd Infantry Battalion; attached to Company C, 716th Military Police (MP) Battalion; attached to 527th MP Company; and assigned to U.S. Army Depot Long Binh.

5.  Item 23 (Qualification in Arms) of the DA Form 66 shows the applicant qualified as a Marksman with the M-14 Rifle on 27 January 1967 and as an Expert with the M-16 Rifle on 9 December 1967.

6.  GO Number 207, dated 16 June 1968, award the applicant the PH.

7.  SO Number 72, dated 24 July 1968 and SO Number 213, dated 7 August 1968, both award him the CIB.
8.  GO Number 623, dated 20 February 1969, award him the BSM.

9.  SO Number 23, dated 1 February 1968, U.S. Army Atlantic Area Installation Command, directed the applicant to attend the Jungle Training course with further assignment to the RVN.  

10.  Item 16 (Civilian Education and Military Schooling) and item 33 (Remarks) of the applicant's DA Form 66 do not contain an entry for completion of the Jungle Operations Course; however, a copy of USARSA Form 48-A confirms that the applicant successfully completed the course on 2 February 1968.    

11.  A copy of an extract from the Special Operations.com website shows that from December 1957 until or about 1 December 1991, the Jungle Operations Course normally held 10 training cycles which were three weeks in duration.  "A normal cycle conducted training on three levels, individual Soldier skills, small unit, and company.  The bulk of the instruction was conducted for the infantry rifle company, but specialized training for a heavy weapons company, a heavy mortar company, a headquarters company, a combat engineer (Sapper) platoon, and a medical platoon was also available.  Individual training included jungle survival, camouflage, navigation, mines and booby traps, and jungle plants and living.  Upon completion of the core classes, the training focus shifted to small unit patrolling, attack, and ambush tactics and techniques.  Once the small unit was proficient in jungle operations, training moved to company and occasionally battalion level offensive field training exercises."

12.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows that during the applicant's attachments and assignments to Company C, 52nd Infantry Battalion; Company C, 716th Military Police (MP) Battalion; 527th MP Company; and to the U.S. Army Depot Long Binh, the units were awarded the following awards:

* Valorous Unit Award (1 January – 31 October 1968) by Department of the Army General Orders (DAGO) 48, dated 1969
* Meritorious Unit Commendation  (1 January – 15 October 1968) by DAGO 48, dated 1969
* Meritorious Unit Commendation  (1 January – 31 October 1968) by DAGO 51, dated 1971
* Meritorious Unit Commendation (1 September 1968 – 31 July 1969) by DAGO 39, dated 1970 
* RVN Civil Actions Honor Medal First Class Unit Citation (29 September 1966 – 28 March 1973) by DAGO 6, 1973

14.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation for service in the RVN to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

15.  Army Pamphlet 672-3 also indicated that six designated campaigns coincide with the applicant's period of service in the RVN:

* TET Counteroffensive (30 January 1968 – 1 April 1968)
* Vietnam Counteroffensive, Phases IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive, Phases V (1 July 1968 – 1 November 1968)
* Vietnam Counteroffensive, Phases VI (2 November 1968 – 22 February 1969)
* TET 69 Counteroffensive (23 February 1969 – 8 June 1969)
* Vietnam Summer-Fall 1969, (9 June 1969 – 31 October 1969)

16.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for each campaign listed in appendix B.  Authorized bronze service stars will be worn on the appropriate service medal.  It also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

17.  Army Regulation 635-5 (Separation Documents) in effect at time, states in pertinent part, in item 25 of the DD Form 214, enter other courses of study and education-level tests, if successfully completed, from information contained in item 16 or item 33 of the DA Form 66. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the PH, CIB, BSM, Expert Marksmanship Qualification Badge with M-16 Rifle Bar and completion of the Jungle Operations Course was carefully considered and is supported by the evidence provided. 

2.  General orders awarded the applicant the PH and BSM.  He is therefore entitled to have these awards added to his records.

3.  Special orders awarded the applicant the CIB.  He is therefore entitled to have this award added to his records.
4.  General orders awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation which is not shown on his records.  He is entitled to correction of his records to show this unit award.

5.  The applicant was awarded the Vietnam Service Medal.  His records show he participated in six campaigns while serving in the RVN.  Therefore, he is entitled to one silver service star and one bronze service star for wear on his already-awarded Vietnam Service Medal.

6.  DAGO 48 awarded Company C, 52nd Infantry the Valorous Unit Award which is not shown on his records.  He is entitled to correction of his records to show this unit award.

7.  DAGOs 39, 48, 51 awarded the 527th MP Company, the 716th MP Battalion and the U.S. Army Depot, Long Binh, the Meritorious Unit Commendation.  He is entitled to correction of his records to show the (3rd award) of this unit award.

8.  DAGO 6 awarded the 716th MP Battalion the RVN Civil Actions Honor Medal First Class Unit Citation.   He is entitled to correction of his records to show this unit award.

9.  Item 23 of the DA Form 66 shows the applicant qualified as a Marksman with the M-14 Rifle and as an Expert with the M-16 Rifle.  He is therefore entitled to have these qualification badges added to his DD Form 214. 

10.  Special orders directed the applicant to report to the Jungle Operations Center for training en route to Vietnam.  The applicant has also provided a copy of his certificate of completion.  It is safe to presume that an administrative oversight occurred at the time the applicant completed the Jungle Operations Course in which the entry was omitted from his DA Form 66 and that his DD Form 214 was prepared using this form as an official document of reference.  Therefore, it would be appropriate to enter this course in item 25 of the applicant's DD Form 214. 

BOARD VOTE:

___X_____  ___X___  ____X__ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 24 of his DD Form 214 for the period ending 29 June 1969 the Vietnam Service Medal,

	b.  adding to item 24 of his DD Form 214 for the period ending 29 June 1969 the following awards:

* Purple Heart
* Combat Infantryman Badge
* Bronze Star Medal
* RVN Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with one silver and one bronze service star
* Valorous Unit Award
* Meritorious Unit Commendation (3rd Award)
* RVN Civil Actions Honor Medal First Class Unit Citation
* Marksman Marksmanship Qualification Badge (M-14) with Rifle Bar
* Expert Marksmanship Qualification Badge (M-16) with Rifle Bar , and

	c.  adding to item 25 of his DD Form 214 the USARSA, Jungle Operations Course, 1968.



      _________X_____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20100000055





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